SAVANNA-LA-MAR, Westmoreland — Though one witness has died and there is a concern that there may not be enough jurors, the Mario Deane murder trial is still expected to get underway on March 3, with evidence presented over 25 days. It will be a judge and jury trial.

Presiding over a case management hearing in the Westmoreland Circuit Court on Friday, Supreme Court Justice Courtney Daye spoke of the impact the passage of time can have on the long-overdue trial of three cops charged in connection with the 2014 beating death of then 31-year-old Deane.

“The loss of time can also cause problems with the availability of witnesses, availability of evidence of documents, and these are important. These are important because everything needs to be available for a full hearing of the evidence and a full determination of the issues,” stated Justice Daye.

According to the Office of the Director of Public Prosecutions, one witness has reportedly died, according to a family member, and the prosecution is examining the possibility of using a deposition (a statement of what was said outside of court on record). The individual was reportedly subjected to a preliminary inquiry before a St James Parish judge.

However, defence attorney Martin Thomas, who is representing two of the accused, suggested that the Crown would need to provide proof of death.

Also discussed on Friday was the issue of juror availability, which plagued the case when it was in St James. The court was told that 104 jurors had turned up for duty on February 17, the first day the case was mentioned after being transferred to Westmoreland. However, Justice Daye said a subsequent file has shown that about 100 individuals have indicated that they will not be available for jury duty.

“[I am] not deterred by that,” stated Justice Daye, who noted that this shows the importance of having sufficient jurors for the trial.

He said more jurors are to be summoned in time for the March 3 commencement date. The hope is that enough of them will show up. This will determine whether the March 3 date remains the same.

The three cops on trial are Corporal Elaine Stewart, and constables Juliana Clevon and Marlon Grant. They are all charged with manslaughter, perverting the course of justice, and misconduct in a public office.

The allegations are that Deane was arrested for possession of a ganja spliff and placed in custody, where he was brutally beaten on August 3, 2014. Deane received severe injuries to his brain, which left him in a coma. He died three days later at Cornwall Regional Hospital in St James.

It is alleged that the three cops were on duty at the police station at the time when Deane was beaten. It is further alleged that Corporal Stewart instructed that the cell in which the attack took place be cleaned before the arrival of investigators from the Independent Commission of Investigations.

In May 2014, St James Parish Judge Sandria Wong Small ruled that the three cops should stand trial.

Security was among the housekeeping matters discussed during Friday’s court management hearing. The point was made that adequate measures must be in place, however consideration must be given to the public and human rights groups that may have an interest in the case and want to attend court.

The case has been heavily covered by the media over the years and Justice Daye on Friday suggested that media houses will have to agree on two or three main practitioners who will be allowed inside the courtroom and the information shared with other outlets. He also made it clear that there should be no media interviews done, by traditional or social media, of witnesses and jurors while the trial is underway.